Leading off this edition is Herman Lindsey v. State. In Lindsey the Florida Supreme Court ruled 7-0 insufficient evidence existed to find Herman Lindsey killed the victim. The State’s case was based completely on circumstantial evidence. Lindsey was arrested in 2006, almost 12 years after the killing at bar.
DPIC’s Innocence List will allegedly reach 135 exonerees with additions of Ronald Kitchen from Illinois and Herman Lindsey from Florida. Exonerated last week, these two men bring 2009′s total of people freed from death row to 5, with Kitchen being the 20th exoneree from Illinois and Lindsey the 23rd from Florida since 1973. Prospectively, Kevin Keith (Ohio), Robert Springsteen (Texas), and Charles Raby (Texas) all appear likely candidates to join the list by the end of the year.
John Holdredge, director of the ACLU Capital Punishment Project writes, “Sentenced To Death Because Of Where You Live: The Death Penalty’s Geographic Bias,” at the ACLU Blog of Rights. The Pennsylvania Senate has approved (umpteen years later) a bill that would establish a pretrial process to determine whether a defendant potentially facing the death penalty is mentally retarded (by way of disclosure the undersigned is the co-chair of death penalty repeal group in Pennsylvania, PADP). The Judicial Conference appears ready to submit major changes to prosecutorial obligations in the federal cases. Ty Alper’s, “The Truth about Physician Participation in Lethal Injection Executions,” is at SSRN and soon to be published in the North Carolina Law Review. Double Tradegies is the title of a new report issued by the National Alliance on Mental Illness, available here. A bill aimed at reducing racial disparities in the imposition of the death penalty, the “North Carolina Racial Justice Act, advanced another step in the N.C. General Assembly yesterday. The recent California hearings on proposed changes to the method of execution veered into a discussion of why solutions to the state’s budget crisis ought to include the abolition of capital punishment, it was another example of how divided our attitude on this issue remains. The Supreme Court has agreed to review a sequel to its decision last week limiting the use of crime lab reports as evidence in criminal trials, Briscoe, et al., v. Virginia, 07-11191. The latest issue of the report, “Death Penalty for Female Offenders,” has been released by Professor Victor Streib of the Ohio Northern University School of Law.
[My apologies for an older edition being sent out with this week's edition. I'm not 100% how that happened.]
As always, thanks for reading. A special thank you to DPIC & Steve Hall for the material “borrowed” this week. – karl